The Milwaukee Post

Attorney: Defendant in grief counseling since crash By BRIAN HUBER Conley News Service WAUKESHA — The South Milwaukee man charged in the deaths of two bicyclists in a Muskego crash earlier this month walked out of court on June 19 after post- ing a $5,000 cash bond. Brett Hartley, 20, appeared in Waukesha County Circuit Court a day after he was charged with two counts of second-degree reckless homicide in the deaths of two bicy- clists on Highway 36 in Muskego on June 6. Besides posting the cash bond, Hartley also signed a $10,000 signature bond co-signed by his father, James. He was ordered by Court Commissioner Thomas Pieper to maintain absolute sobri- ety, use controlled substances only with a prescription, to live with his family and have no contact with any witnesses or fam- ily members of the victims in the incident, save for his girlfriend, who was a passenger in the car Hartley was driving and who lives with him and his family in South Milwaukee. Hartley was charged after the June 6 crash in which he allegedly fell asleep behind the wheel and drove a Jeep Grand Cherokee into bicycles being ridden by Paul Brown and Anthony Oliver, co-work- ers at Northwestern Mutual who were on a morning bike trip to Burlington. A witness reportedly saw Hartley's vehi- cle pass over the white fog line several times before the crash. Following the crash, she saw Hartley run to the victims saying, "Oh my God, I fell asleep, I am so sorry, I fell asleep," the complaint states. Brown, 45, of Franklin, was pronounced dead at the scene while Oliver, 54, of Oak Creek, was transported to Froedtert Hospital, where he was pronounced dead. Hartley told investigators he had dozed off two previous times during his drive and was "knocked out" the third time he fell asleep. According to the complaint, he also fell asleep three times after he was taken into police custody. Bail arguments Assistant District Attorney Tim Suha asked for "significant" cash bail, citing the severity of the collision, as well as the con- ditions of absolute sobriety, no contact with those involved, and pretrial monitor- ing. "He doesn't have a prior criminal histo- ry the state is aware of. He has some minor traffic offenses the last few years but noth- ing criminal," Suha said. Defense attorney Andrew Rider asked for a signature bond or small cash bail, say- ing Hartley grew up in the area, has a job as a cashier at a local restaurant, volunteers at an unnamed Muskego organization, is taking classes at Milwaukee Area Technical College and has been cooperative with police. "He's also in grief counseling regarding this incident," Rider said. "The point of bail is to make sure he appears at court. This incident happened almost two weeks ago. He's here. I don't believe he's a flight risk. He is taking this seriously." After the court appearance, Rider said, "Brett and his family have their prayers and thoughts out to the Browns and Olivers. Everyone is grieving right now." Pieper said that in setting bail, he weighed a variety of factors, including Hartley's lack of a criminal record, his family support and voluntary appearance in court, as well as substantial penalties — up to 50 years in prison — Hartley faces if convicted and the seriousness of the alleged offense. "There's no question that the incident and the impact on the families of victims, the families of Mr. Brown and Mr. Oliver, as well as I am sure the family of the Hartleys and I am sure the witnesses and other per- sons involved that day, first responders, you name it," Pieper said. "When I read through the criminal complaint, when I fin- ished the last page, I just thought to myself there's an awful lot of lives ... that are being impacted by one incident." Hartley is due in court for a preliminary hearing July 31. Email: bhuber@conleynet.com Man accused in crash that killed bicyclists free on bail 2 • Milwaukee County Post • June 26, 2015 Volume 21, issue number 26 The Milwaukee Post (ISSN 1544-1776) is published weekly by Conley Media, Milwaukee County 3397 South Howell Ave., Milwaukee, WI 53207 For all departments call: 414-744-6370 News display and advertising FAX: 414-744-6884 Classifieds: 800-762-6219 ext. 5005 Classified Fax: 262-334-6252 For display advertising inquires: Daryl Skaradzinski: General Manager - ext. 13 dskaradzinski@conleynet.com For editorial questions: Dan Muckelbauer Editor 262-513-2626 dmuck@conleynet.com POSTMASTER: Send address changes to the Milwaukee Post 3397 S. Howell Ave. Milwaukee, WI 53207 Periodicals Postage Paid at Milwaukee, WI. 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